[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12197-12200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4385]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1420
[CPSC Docket No. CPSC-2011-0047]
Standard for All-Terrain Vehicles
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Consumer Product Safety Improvement Act of 2008
(``CPSIA'') required the Consumer Product Safety Commission
(``Commission,'' ``CPSC,'' or ``we'') to publish, as a mandatory
consumer product safety standard, the American National Standard for
Four-Wheel All-Terrain Vehicles Equipment Configuration, and
Performance Requirements, developed by the Specialty Vehicle Institute
of America (American National Standard ANSI/SVIA 1-2007). We did so on
November 14, 2008. 73 FR 67385. ANSI/SVIA later issued a 2010 edition
of its standard. In accordance with the CPSIA, we are amending the
Commission's mandatory ATV standard to reference the 2010 edition of
the ANSI/SVIA standard.\1\
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\1\ The Commission voted 3-0-1 to approve publication of this
rule. Chairman Inez M. Tenenbaum and Commissioners Nancy A. Nord and
Robert S. Adler voted for the rule. Commissioner Ann M. Northup
abstained from voting. Commissioner Adler filed a statement
concerning this action which may be viewed on the Commission's Web
site at http://www.cpsc.gov/pr/statements.html or obtained from the
Commission's Office of the Secretary.
DATES: The rule will become effective on April 30, 2012, and will apply
to products manufactured or imported on or after that date. The
incorporation by reference of the publication listed in this rule is
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approved by the Director of the Federal Register as of April 30, 2012.
FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Office of Compliance and
Field Operations, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone (301) 504-7814; [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
The Consumer Product Safety Improvement Act of 2008 (``CPSIA'')
directed the Commission to ``publish in the Federal Register as a
mandatory consumer product safety standard the American National
Standard for Four Wheel All-Terrain Vehicles Equipment Configuration,
and Performance Requirements developed by the Specialty Vehicle
Institute of America (American National Standard ANSI/SVIA 1-2007).''
15 U.S.C. 2089(a)(1), as added by section 232 of the CPSIA.
Accordingly, on November 14, 2008, we published a final rule mandating
ANSI/SVIA 1-2007 as a consumer product safety standard. 73 FR 67385.
The final rule is codified at 16 CFR part 1420.
B. The Amendment
1. Procedure
Section 42(b) of the Consumer Product Safety Act (``CPSA'')
provides that, if ANSI/SVIA 1-2007 is revised after we have published a
Federal Register notice mandating the standard as a consumer product
safety standard, ANSI must notify us of the revision, and we have 120
days after receiving that notification to issue a notice of proposed
rulemaking to amend our mandatory ATV standard ``to include any such
revision that the Commission determines is reasonably related to the
safe performance of [ATVs] and notify the Institute of any provision it
has determined not to be so related.'' 15 U.S.C. 2089(b)(1) and (2).
Thereafter, we have 180 days after publication of the proposed
amendment to publish a final amendment to revise the ATV standard. Id.
2. Changes From 2007 Edition
On March 16, 2011, ANSI notified us that, in December 2010, ANSI
approved a revised version of the ANSI/SVIA standard for four-wheel
ATVs, ANSI/SVIA 1-2010. We reviewed the changes from the 2007 version.
Many changes are minor revisions to the wording in the standard. We
considered the substantive changes to be: (1) Elimination from the
scope section of a provision calling for expiration of the definition
and requirements for the Y-12+ youth ATV age category on July 28, 2011;
(2) a change in how to calculate the speed for the braking test of
youth ATVs; (3) a change in the force applied to passenger handholds
during testing; (4) the addition of a requirement that youth ATVs shall
not have a power take-off mechanism; (5) the addition of a requirement
that youth ATVs shall not have a foldable, removable, or retractable
structure in the ATV foot environment; (6) additional specificity
concerning the location and method of operation of the brake control;
(7) tightening the parking brake performance requirement, by requiring
the transmission to be in ``neutral'' during testing, rather than in
``neutral'' or ``park''; and (8) the requirement that tire pressure
information be on the label, when the previous requirement could be
interpreted to allow tire pressure information to be on the label,
[[Page 12198]]
or in the owner's manual, or on the tires.
3. Proposed Rule
In the Federal Register of July 25, 2011 (76 FR 44289), we proposed
to amend our mandatory ATV standard to reference ANSI/SVIA 1-2010
instead of ANSI/SVIA 1-2007. In the preamble to the proposed rule, we
discussed the changes that had been made to the ANSI/SVIA standard. Id.
at 44290 through 44291. We concluded that none of the revisions in the
ANSI/SVIA 1-2010 standard would diminish the safety of ATVs. Id. at
44291. We concluded that, although some changes could be considered
more related than others to the safe performance of ATVs, all, in fact,
could be related to the safe performance because the changes improve
the standard's clarity and consistency and, in that way, advance the
standard. We also stated that, given the relatively minor and editorial
nature of most of the changes meant to improve the standard's clarity
and consistency, it makes sense to revise the Commission's mandatory
standard to incorporate all of the provisions of the ANSI/SVIA 1-2010
version to avoid there being two slightly different versions of the
standard, the current mandatory standard and the revised voluntary
standard. Id.
C. Response to Comments on the Proposed Rule
The preamble to the proposed rule invited comments on the proposal
to update the mandatory standard and also on numerous other issues
related to ATVs that could be relevant to future ATV rulemaking. We
received five comments. We describe and respond to the comments in this
section of this document. A summary of each of the commenter's topics
is presented, and each topic is followed by staff's response. For ease
of reading, each topic will be prefaced with a numbered ``Comment'';
and each response will be prefaced by a corresponding numbered
``Response.'' Each ``Comment'' is numbered to help distinguish between
different topics. The number assigned to each comment is for
organizational purposes only and does not signify the comment's value,
or importance, or the order in which it was received. Comments on
similar topics are grouped together.
1. Comments Related to Incorporating ANSI/SVIA 1-2010
a. Clarification of the Standard
(Comment 1)--In the preamble to the proposed rule, we asked whether
the proposed revisions to ANSI/SVIA 1-2007 would enhance the clarity of
the ANSI standard (76 FR at 44292). One commenter responded to this,
delineating the specific sections of the ANSI standard that include
clarifying language: these sections are 4.19.1(3)(b) (tire marking),
4.23.1 (general format for labels), 4.23.4.1 (general warning label for
Type 1 (single-rider) ATVs, 4.23.5.1 (general warning label for Type II
(tandem) ATVs, Figures 5 (tire pressure warning label) and 7 (combined
tire pressure and overloading warning label), and 4.23.5.3 (passenger
warning label for Type II (tandem) ATVs. The commenter noted that these
clarifying changes were made in response to requests it received for
interpretation of sections of the standard that were new with the ANSI/
SVIA 1-2007 edition of the standard.
(Response 1)--We believe that these changes clarify the sections of
the standard that were new with the 2007 edition of the ANSI/SVIA
standard.
b. Youth Category Y-12+
(Comment 2)--In the preamble to the proposed rule, we asked about
the effect of not eliminating from the scope of the standard the
expiration of the definition and requirements for the Y-12+ ATV age
category (76 FR at 44292). One comment noted that when ANSI/SVIA 1-2010
was adopted, the lead content limits in section 101 of the CPSIA were
in effect, which resulted in limited sales of the Y-6+ and Y-10+ ATV
model categories. The Y-12+ category then was maintained due to SVIA's
concern that children, particularly those between ages 12-15, would
have these as the only alternative to riding adult-size ATVs.
With the passage of Public Law 112-28 in August 2011, the lead ban
on youth ATVs no longer is in effect. However, the commenter stated
that it is important to maintain the Y-12+ category because few Y-10+
models are available (only two for SVIA members' dealers as of August
2011) and because, as of October 7, 2011, when it submitted its
comment, the stay of enforcement on third party testing of youth ATVs
was set to expire on November 27, 2011, possibly continuing to restrict
the number of available Y-10+ models that could become available on the
market. (We note that the stay of enforcement has expired and that
there is one laboratory that is both accredited and CPSC-accepted to
conduct third party testing for youth ATVs.)
The commenter also stated its opinion that maintaining the Y-12+
age category is not likely to result in children younger than 12 years
old riding Y-12+ ATVs, given the labeling requirements of the standard
and the dealer monitoring requirements of the Action Plans.
Furthermore, the commenter believes that these labeling and dealer
monitoring requirements also would prevent the possibility that keeping
the Y-12+ category would constitute an implicit approval for riding a
Y-12+ ATV when a Y-6+ or Y-10+ size is not available. The commenter
stated that it is not aware of any data or research regarding the
safety of 6- to 9-year-old riders when operating a Y-12+ ATV, but said
it ``strongly recommends that parents strictly follow ATV age
recommendations'' and noted that Federal law requires that
manufacturers and distributors adhere to age recommendations when
offering ATVs for sale. Finally, the commenter noted that Y-10+ and Y-
12+ category ATVs have the same maximum speed limitations and
capabilities and that the Y-12+ ATVs can be larger in size and/or
weight.
Another commenter expressed opposition to the introduction of the
Y-12+ models, stating that ``placing children on a vehicle that is
larger, heavier, or faster than what is currently defined as an `adult-
sized' ATV would be a step backwards that would only serve to put our
children at an even greater risk of death and injury.'' Further, the
commenter ``urge[d] CPSC not to take any action that would permit
children to operate any ATV that is larger than 90 cc.''
(Response 2)--We believe that elimination of the scope provision
(which effectively keeps the Y-12+ category of youth ATV) would not be
problematic. The Y-12+ category was not new with the 2007 or the 2010
editions of the ANSI/SVIA standard; it was, in fact, one of the youth
ATV categories in the 1990 first edition of the ANSI/SVIA standard.
Furthermore, Y-12+ ATVs are not necessarily larger or heavier than what
is currently defined as an ``adult-sized'' ATV. They also are, by
definition in the standard, not faster than an adult ATV. According to
the definition in the 2010 edition of the standard, Y-12+ ATVs are
required to have the same maximum speed and speed limitation
requirements as the Y-10+ model. The Y-10+ and the Y-12+ ATV models are
not faster than what is currently defined as an adult-size ATV because
they both must have a maximum speed that is lower than that of an
adult-size ATV.
It is important to note that the ANSI/SVIA standard (either 1990,
2001, 2007, or 2010 edition) never categorized youth and adult ATVs by
cc engine size; the categories were defined and differentiated in the
standard by the
[[Page 12199]]
maximum allowable speed and the presence of a speed limiter (which
parents and caregivers could use to reduce the maximum allowable speed
further).
Using 90cc engine size as a demarcation between youth and adult
ATVs originated with the 1988 consent decrees between the CPSC and ATV
distributors. (The consent decrees expired in 1998.) Under the consent
decrees, only ATVs between 70 to 90 cc were to be marketed for riders
12 years of age and older, and ATVs less than 70 cc were to be marketed
for use by riders under 12 years of age. ATVs 90 cc and above were to
be marketed for use by riders 16 years of age and older, according to
the consent decrees.
In 2006, we issued a proposed rule on ``Standards for All-Terrain
Vehicles and Ban of Three-Wheeled All Terrain Vehicles.'' The proposed
rule, which pre-dated the CPSIA's enactment and has not been finalized,
would, among other things, change the categorization of ATVs based on
engine size (as established by the consent decrees) and instead,
categorize youth ATVs based on maximum speed. 71 FR 45904, 45908
(August 10, 2006). We explained our rationale for this change in the
preamble to the proposed rule. Id. It cannot be assumed that a larger
engine displacement ATV is necessarily heavier than a smaller engine
displacement ATV. We will address this issue further when we complete
our 2006 rulemaking. However, we are not aware of any data to show that
continuing to have this category included in the standard would reduce
the safety of ATVs. Thus, we continue to believe that having the Y-12+
category included in the standard would not be problematic.
c. The Test for Type II ATV Passenger Handholds
(Comment 3)--The 2010 edition of the ANSI/SVIA standard includes a
test for the passenger handholds on Type II (tandem) ATVs. Under the
2007 version of the standard, the test specifications could be
interpreted to mean that the test could be applied in either a downward
or an upward direction, or both. The 2010 version states that the force
applied to the handhold must be upward. Before preparing the July 6,
2011 staff briefing package in support of the proposed rule, CPSC staff
contacted the SVIA with staff's concern that the revised language
limits the test procedure. SVIA indicated that it was not opposed to
changing the standard to add a downward testing component and that such
a change would be considered in the next revision of ANSI/SVIA 1-2010.
In response to the proposed rule, SVIA opined that the primary
direction of force applied to ATV handholds is in the upward direction.
SVIA stated it had received no comments during the ANSI balloting
process that suggested that the force be applied in a downward
direction, and it is unaware of any reports of an ATV handhold failing
under downward force. SVIA stated that it ``has committed to adding a
downward testing component to the passenger handhold testing standard
during the next revision of the ANSI/SVIA voluntary standard.''
(Response 3)--We are satisfied with SVIA's commitment to adding a
downward testing component to the passenger handhold test during the
next revision of the ANSI/SVIA voluntary standard.
d. Effective Date
(Comment 4)--We proposed that the amendment mandating ANSI/SVIA 1-
2010 would take effect 30 days after publication of a final rule and
apply to ATVs manufactured or imported after that date. In a joint
comment submitted by the seven major distributors of ATVs, they noted
that the ANSI/SVIA standard requires that ATVs have a certification
label indicating that they comply with the ANSI/SVIA standard. The
commenters said they will need to change these certification labels to
specify compliance with the 2010 rather than the 2007 ANSI/SVIA
standard. They noted that some companies may still be producing 2012
model year (``MY'') ATVs at the time when a final rule would become
effective. This would mean that some companies would have to change the
certification label in the middle of 2012 MY production. The commenters
stated that this could create errors in labeling particular ATVs and
could create confusion in the marketplace. They requested that the rule
become effective for 2013 MY ATVs. In the alternative, the commenters
requested a 60-day effective date to allow ATV manufacturers time to
obtain new certification labels.
(Response 4)--Keying an effective date to a model year rather than
a date certain would be difficult to enforce and could create greater
confusion. We understand that companies will need time to provide the
correct certification labels. Because the differences between the 2007
and the 2010 ANSI/SVIA standards are primarily editorial, we are
changing the effective date to specify that the rule will take effect
60 days after publication in the Federal Register, and that it will
apply to ATVs manufactured or imported on or after that date.
2. Comments Responding to the Commission's Request for Comments and
Information and Comments Addressing Issues in Our 2006 Proposed Rule
The preamble to the proposed rule asked several questions that were
beyond the scope of the immediate revisions to the mandatory standard,
but relevant to future ATV rulemaking (76 FR at 44292). For example,
one question asked whether there are any state laws prohibiting the use
of a Y-12+ ATV by children younger than 12 and the effects of ATV-
related injuries or deaths in those states that have new or updated
minimum age requirements for ATV operation since the adoption of ANSI/
SVIA-1-2007 (id.). Several commenters responded to those questions,
addressing issues such as whether there should be restrictions on the
sale, rental, or use of ATVs by individuals under a certain age, and
other matters.
Other commenters addressed matters that pertained more directly to
the proposed rule that we had published in the Federal Register on
August 10, 2006 (71 FR 45904). For example, we received comments
expressing support and opposition for roll over protection systems in
ATVs.
We appreciate the commenters' responsiveness to the questions
presented in the preamble to the proposed rule, as well as their
interest in other ATV issues. Because this rulemaking focuses on the
adoption of the modified ANSI/SVIA 1-2010 standard pursuant to section
42(b) of the CPSA, we will not address those comments in this preamble.
However, we will consider the information and opinions presented by the
commenters and may address them in a separate proceeding. For example,
for commenters who raised issues that are more appropriate to the
proposed rule that we issued in 2006, we will consider those comments
when developing methods for addressing ATV safety, and will respond to
them when we finalize that rule.
D. Brief Description of the Final Rule
The final rule revises Sec. 1420.3(a), ``Requirements for four-
wheel ATVs'' to incorporate by reference the ANSI/SVIA 1-2010 standard
instead of the ANSI/SVIA 1-2007 version.
E. Effective Date
As we stated in the preamble to the proposed rule (76 FR at 44291),
the CPSIA provides a timetable for us to
[[Page 12200]]
issue a notice of proposed rulemaking (within 120 days of receiving
notification of a revised ANSI/SVIA standard) and to issue a final rule
(within 180 days of publication of the proposed rule), but it does not
set an effective date. We proposed that the amendment updating the
ANSI/SVIA standard take effect 30 days after publication of a final
rule because the differences between the 2007 version of the standard
and the 2010 version are relatively minor and largely editorial and
because the 2010 version of the ANSI/SVIA standard is already in effect
as a voluntary standard.
As we noted in section C of this preamble, we received a comment
from several ATV companies suggesting that the amended standard become
effective for 2013 MY ATVs or 60 days after publication of a final
rule, rather than the 30 days we proposed. To allow time for ATV
companies to update their certification labels, the final rule provides
a 60-day effective date, and it applies to ATVs that are manufactured
or imported on or after that date.
F. Notice of Requirements
In accordance with section 14(a)(3)(B)(vi) of the CPSA, on August
27, 2010, we published a notice of requirements for accreditation of
third party conformity assessment bodies for testing ATVs designed or
intended primarily for children 12 years of age or younger. 75 FR
52616. The notice of requirements provided the criteria and process for
our acceptance of accreditation of third party conformity assessment
bodies for testing ATVs pursuant to 16 CFR part 1420, which, at that
time, incorporated by reference ANSI/SVIA 1-2007. With this rule, we
are changing that reference in 16 CFR part 1420 to ANSI/SVIA 1-2010.
With regard to youth ATVs, only four revisions in the 2010 edition are
related to youth ATVs and only one of those, the brake speed test
requirements (section 7 of the standard), is related to testing.
Because this change does not constitute a substantial change in the
requirement that would affect the associated third-party conformance
testing, and, by this final rule, the Commission recognizes the
functional equivalence of the specific brake speed test between the two
versions of the standard. A Notice of Requirements has been issued by
the Commission for the prior version of the rule, the 2007 edition, and
the Commission has accepted the accreditation of a third party
conformity assessment body for purposes of testing youth ATVs. The
current Notice of Requirements for third party testing of youth ATVs
will remain in effect until the Notice of Requirements final rule for
ANSI/SVIA 1-2010 has been completed. The Commission is continuing to
accept that accreditation so that the third party conformity assessment
body can test to all aspects of the 2010 edition including the new
brake speed test requirements in section 7. We are in the process of
developing a notice of proposed rulemaking regarding accreditation of
third party conformity assessment bodies. In that proposed rule, we
will address the impact of accepting the revised ANSI/SVIA standard on
the accreditation of third party conformity assessment bodies.
G. Regulatory Flexibility Act
As noted in the preamble to the proposed rule, in accordance with
the Regulatory Flexibility Act (``RFA''), we examined the potential
impact on small entities that could occur from amending our ATV
standard to reference the 2010 version of the ANSI/SVIA standard. 76 FR
at 44291-92. We concluded that amending the mandatory ATV standard to
reference the 2010 edition of the ANSI/SVIA ATV standard would not have
a significant impact on a substantial number of small businesses or
other small entities because the differences between the 2007 and 2010
editions of the ANSI/SVIA standard are relatively minor modifications
or updates that are not expected to have a significant impact on any
manufacturers or importers of ATVs. We did not receive any comments on
this conclusion, and we are not aware of any other information that
would change this conclusion.
H. Paperwork Reduction Act
This amendment would not impose any information collection
requirements. Accordingly, this rule is not subject to the Paperwork
Reduction Act, 44 U.S.C. 3501-3520.
I. Environmental Considerations
Our regulations provide a categorical exemption for our rules from
any requirement to prepare an environmental assessment or an
environmental impact statement because they ``have little or no
potential for affecting the human environment.'' 16 CFR 1021.5(c)(2).
This amendment falls within the categorical exemption.
List of Subjects in 16 CFR Part 1420
Administrative practice and procedure, Business and industry,
Consumer protection, Imports, Incorporation by reference, Information,
Infants and children, Labeling, Law enforcement, Recreation and
recreation areas, Reporting and recordkeeping requirements, Safety.
For the reasons stated in the preamble, the Commission amends 16
CFR part 1420 as follows:
PART 1420--REQUIREMENTS FOR ALL TERRAIN VEHICLES
0
1. The authority citation for part 1420 continues to read as follows:
Authority: The Consumer Product Safety Improvement Act of 2008,
Pub. L. 110-314, Sec. 232, 122 Stat. 3016 (August 14, 2008).
Sec. 1420.1 [Amended]
0
2. In the second sentence of Sec. 1420.1, remove the words, ``April
13, 2009,'' and in their place add ``April 30, 2012.''.
0
3. Revise paragraph (a) of Sec. 1420.3 to read as follows:
Sec. 1420.3 Requirements for four-wheel ATVs.
(a) Each ATV shall comply with all applicable provisions of the
American National Standard for Four-Wheel All-Terrain Vehicles
(American National Standards Institute, Inc. ANSI/SVIA 1-2010),
approved December 23, 2010. The Director of the Federal Register
approves this incorporation by reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. You may obtain a copy from the Specialty
Vehicle Institute of America, 2 Jenner, Suite 150, Irvine, CA 92618-
3806; telephone 949-727-3727 ext.3023; www.svia.org. You may inspect a
copy at the Office of the Secretary, U.S. Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814,
telephone 301-504-7923, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
Dated: February 16, 2012.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2012-4385 Filed 2-28-12; 8:45 am]
BILLING CODE 6355-01-P